Banks and Human Trafficking: Rethinking Human Rights Due Diligence

Dijk, Maria Anne Van; Haas, Marijn De; Zandvliet, Ruben

doi:10.1017/bhj.2017.25

Cited by 8 publications

(11 citation statements)

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“…Given the systemic nature of human trafficking and the risk for cosmetic compliance instead of a true and “genuine commitment” (Stevenson & Cole, 2018) to eradicate human trafficking, some scholars have called for a “holistic perspective” (New, 2015, p. 697; see also van Dijk, Marijn, & Zandvliet, 2018). Despite the consensus of the limitations of existing approaches and the calls for a holistic approach, there has been to date limited elaboration on how a genuine commitment by business can be created to address human trafficking.…”

Section: Corporate Due Diligencementioning

confidence: 99%

“…To the extent that supply chain practices turn labor into a commodity (Polanyi, 1944/2001), they function in dehumanizing ways that allow for the persistence of exploitative practices—including but not limited to human trafficking. A holistic approach requires firms to shift their focus away from the product supply chain toward including the human aspect of the production process—that is, the human supply chain—in making decisions about productive processes (O’Brien, 2018; van Dijk et al, 2018).…”

Section: A Holistic Approach To Addressing Human Traffickingmentioning

confidence: 99%

“…Global transportation services such as UPS or the banking sector might be perceived as being weakly connected to human trafficking as their business models do not rely on products produced by commoditized labor. However, this weak connection does not mean such sectors or firms are absolved of any responsibility when it comes to human trafficking (van Dijk et al, 2018; Young, 2004).…”

Section: Pathways To Address Human Traffickingmentioning

confidence: 99%

“…Firms with a weak connection to human trafficking might still be in a favorable position to contribute to addressing the structural injustices associated with it. Here, van Dijk and colleagues (2018) illustrate the crucial role that banks can play in identifying human trafficking through the money movements in their clients’ accounts. This is where we see the value of our proposed social connection and political responsibility model for business and human trafficking because a holistic approach pushes any business or industry to reflect on its role in the business of human trafficking based on the particularity of its circumstances and its strategic choices.…”

Section: Pathways To Address Human Traffickingmentioning

confidence: 99%

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Business and Human Trafficking: A Social Connection and Political Responsibility Model

2019

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Human trafficking is one of the most lucrative international criminal activities and is widespread across a variety of industries. The response to human trafficking in corporate supply chains has been dominated by analyses of due diligence obligations. Existing scholarship, however, has cast doubt on the effectiveness of corporate due diligence in addressing human trafficking, because human trafficking is the outcome of macro-level social structures that are created by and consist of multiple actors, including business. The outsourcing and sub-contracting model provides incentives throughout the global supply chain to sub-contract further to reduce the cost of labor, which has led to human trafficking remaining a pervasive problem. Business responsibility for human trafficking derives from the fact that business decisions and strategies enable the conditions that allow for human trafficking to occur within their supply chains. To address human trafficking, we propose a social connection and political responsibility model, based on Iris Marion Young’s analysis of social connection and structural injustice, that is holistic, forward-looking, and outcomes-oriented. We differentiate between businesses with a strong connection to human trafficking and businesses with a weak connection, and within this distinction delineate different pathways that firms can take to meet their political responsibilities to address human trafficking. We conclude with implications for future research.

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Section: Corporate Due Diligencementioning

confidence: 99%

Section: A Holistic Approach To Addressing Human Traffickingmentioning

confidence: 99%

Section: Pathways To Address Human Traffickingmentioning

confidence: 99%

Section: Pathways To Address Human Traffickingmentioning

confidence: 99%

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Business and Human Trafficking: A Social Connection and Political Responsibility Model

2019

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“…Human rights risks are considered risks to the bank rather than risks to people, although these risks may coincide and there is evidence for a change of attitudes in this regard. 49 This market-based paradigm depends on adverse impacts on a bank's bottom line as the key incentive for a bank to carry out due diligence, and it also acts as a disincentive for banks to take action where doing so might deprive them of a business opportunity. 50 This difference between E&S due diligence and human rights due diligence will be referred to as the risks to bank/risks to people divergence.…”

Section: Banks' Approaches To Human Rightsmentioning

confidence: 99%

The Dutch Banking Sector Agreement on Human Rights: An Exercise in Regulation, Experimentation or Advocacy?

Thompson¹

2018

ULR

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role this plays in their understanding of their relationship to human rights and to the extent of the UNGPs/ Guidelines relevance to them, identifying five sources of misalignment (Section 2.2). It will then look at the main industry-led attempt to provide guidance on how human rights responsibilities apply to banks-the Thun Group papers of 2013 (Section 2.3) and 2017 (Section 2.4)-examining how these misalignments have played a prominent role in the drafting thereof.

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Lessons Learned in Qatar: The Role of the Netherlands and Its Businesses in Addressing Human Rights Abuses in Mega-Sporting Events

Heerdt

Roorda

2023

Neth Int Law Rev

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Mega-sporting events (MSEs) can have a negative impact on human rights throughout their lifecycle, from the bidding stage, over to the planning and preparation stage, the delivery of the event, and also as part of their legacy after the event has concluded. They can be linked to land grabbing, forced evictions, forced labour and many other human rights abuses. The problem is that only a very few of these cases are actually addressed in the sense that rights-holders receive an effective remedy and those responsible for the abuse are held to account. MSEs are jointly organized and staged by public, private, national, and international actors, which each contribute in different ways to the associated human rights impact. Rather than looking at the responsibility of those actors directly involved in organizing and staging the event, this article looks at the responsibility of the participating actors of states that are represented at the event, namely businesses and sports bodies, using the Netherlands and the 2022 FIFA World Cup in Qatar as the guiding example. The central questions it tries to explore based on lessons learned and opportunities missed in Qatar are how such actors are connected to adverse human rights impacts associated with MSEs, which responsibilities under the human rights framework flow from those connections, and how participating states should then ensure that businesses live up to their responsibilities.

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Banks and Human Trafficking: Rethinking Human Rights Due Diligence

Cited by 8 publications

References 0 publications

Business and Human Trafficking: A Social Connection and Political Responsibility Model

Business and Human Trafficking: A Social Connection and Political Responsibility Model

The Dutch Banking Sector Agreement on Human Rights: An Exercise in Regulation, Experimentation or Advocacy?

Lessons Learned in Qatar: The Role of the Netherlands and Its Businesses in Addressing Human Rights Abuses in Mega-Sporting Events

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